1. Application for directions regarding the upload of electoral bond data and the disclosure of alpha-numeric bond identifiers. (Para 1 , 2 , 7 )
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2024 Supreme(SC) 233
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI., SANJIV KHANNA, B.R. GAVAI, J.B. PARDIWALA, MANOJ MISRA, JJ.
Association of Democratic Reforms and Another – Petitioners
Versus
Union of India and Others – Respondents
Miscellaneous Application Diary No. 11805 of 2024, Miscellaneous Application No. 486 of 2024, Writ Petition (Civil) No. 880 of 2017
Decided On : 15-03-2024
Advocates appeared:
For the Petitioner(s): Mr. Prashant Bhushan, AOR Ms. Neha Rathi, Adv. Ms. Kajal Giri, Adv. Mr. Pranav Sachdeva, Adv. Ms. Shivani Kapoor, Adv. Mr. Kamal Kishore, Adv.
For the Applicant(s) : Mr. Amit Sharma, AOR Mr. Dipesh Sinha, Adv. Ms. Pallavi Barua, Adv. Ms. Aparna Singh, Adv.
For the Respondent(s): Mr. Tushar Mehta, SG Mr. Kapil Sibal, Sr. Adv.
For the Petitioner(s): Mr. Prashant Bhushan, AOR Ms. Neha Rathi, Adv. Ms. Kajal Giri, Adv. Mr. Pranav Sachdeva, Adv. Ms. Shivani Kapoor, Adv. Mr. Kamal Kishore, Adv.
For the Applicant(s) : Mr. Amit Sharma, AOR Mr. Dipesh Sinha, Adv. Ms. Pallavi Barua, Adv. Ms. Aparna Singh, Adv.
For the Respondent(s): Mr. Tushar Mehta, SG Mr. Kapil Sibal, Sr. Adv.
Compliance with court orders and the obligation of disclosure of information by relevant parties.
Headnote:
Election Commission of India - Data Return and Upload - The court directed the Election Commission of India to return the data filed before the court, to be scanned and digitized, and uploaded on its website in compliance with previous orders. Notice was issued to the State Bank of India for not disclosing details of Electoral Bonds.
Fact of the Case:
The Election Commission of India filed an application seeking further directions regarding the data filed before the court. It was revealed that the ECI did not retain a copy of the data and requested its return to comply with the court's order for uploading all the documents. The court directed the data to be scanned, digitized, and returned to the ECI for uploading on its website.
Finding of the Court:
The court found that the ECI did not retain a copy of the data and directed the Registrar to ensure scanning and digitization of the data for compliance. Notice was issued to the State Bank of India for not disclosing details of Electoral Bonds.
Issues: The issues involved the return and upload of data by the Election Commission of India and the non-disclosure of details of Electoral Bonds by the State Bank of India.
Ratio Decidendi: The court's decision was based on the need for compliance with previous orders and the requirement for the State Bank of India to disclose details of Electoral Bonds.
Final Decision: The court directed the Election Commission of India to return the data for scanning and digitization, and upload it on its website. Notice was issued to the State Bank of India for non-disclosure of details of Electoral Bonds.
Legal Category Hierarchy
Table of Contents
2. Request for return of data held in sealed custody for public upload; submission regarding non-disclosure of alpha-numeric bond numbers. (Para 3 , 4 , 7 )
3. The court observed the need to digitize data in sealed custody to enable public upload and the necessity of obtaining specific bond identifiers. (Para 2 , 5 , 7 , 9 )
4. Compliance with transparency mandates requires the digitization and release of data held in judicial custody to the relevant authority for public dissemination. (Para 5 )
5. Ordered digitization and return of data for upload and issued notice to the bank regarding non-disclosure of alpha-numeric bond numbers. (Para 5 , 6 , 9 )
6. How does the court facilitate the public upload of data held in sealed custody?
The court directs the registry to scan and digitize the data, return the originals to the relevant authority, and provide digitized copies to ensure the data is uploaded to the official website. (Para 5 )
7. What remedy is available when a bank fails to disclose specific identifiers of electoral bonds required by a court?
The court may issue a notice to the bank and mandate the personal appearance of a senior officer responsible for the management and storage of the bond details. (Para 7 , 9 )
ORDER :
1. An application has been filed by the Election Commission of India1 [“ECI”] seeking further directions.
2. In the order of this Court dated 11 March 2024, this Court had directed that ECI shall upload on its website the data furnished to this Court in compliance with the interim order dated 12 April 2019 which was being maintained in the custody of this Court. While issuing this direction, the Court has presumed that a copy of the data which was lodged before the Registry of this Court would be available with the ECI.
3. Mr. Amit Sharma, counsel appearing on behalf of the ECI states that, as a matter of fact, ECI did not retain a copy of the data which was collated by it since it was being placed before this Court in sealed custody.
4. The request, therefore, of the ECI is that the data which was filed before this Court be returned to it to enable it to comply with the order of this Court for uploading all the documents. This request of the ECI has not been opposed by Mr. Kapil Sibal and Mr. Vijay Hansaria, senior counsel and Mr. Prashant Bhushan, counsel for the petitioners.
5. We accordingly issue the following directions:
(i) The Registrar (Judicial) of this Court shall ensure that the data which has been filed by ECI in pursuance of the interim orders of this Court is scanned and digitized. This may be carried out preferably by 5 p.m. tomorrow (16 March 2024).
(ii) Once the above exercise is completed, the originals shall be returned to Mr. Amit Sharma, counsel appearing on behalf of ECI.
(iii) ECI shall then upload the data on its website on or before 5 p.m. on 17 March 2024.
(iv) A copy of the scanned and digitized files shall also be made available to Mr. Amit Sharma to obviate the replication of the process of digitization.
6. The Miscellaneous Application is accordingly disposed of.
7. The judgment of the Constitution Bench in Association for Democratic Reforms vs. Union of India , Writ Petition (Civil) No. 880 of 2017 required the State Bank of India2 [“SBI”] to furnish to the ECI all details of the Electoral Bonds purchased and, as the case may, redeemed by political parties, including the date of purchase/redemption, name of the purchaser and the denomination of the Electoral Bond purchased. It has been submitted that SBI has not disclosed the alpha-numeric numbers of the Electoral Bonds.
8. The Solicitor General of India submits that since he is not appearing for SBI, notice may be issued to it.
9. We direct the Registry to issue notice to SBI, returnable on 18 March 2024. Additionally, we also direct the presence of a Senior Officer of SBI who is responsible for the management and storage of details of Bonds purchased and redeemed on the next date of hearing.
10. A copy of this order shall be served by the Registrar (Judicial) on Mr. Sanjay Kapur, Standing Counsel for SBI.
